CHAPTER 169
MOTOR VEHICLES INSURANCE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Operation of the Act.

   3.   Interpretation.

   4.   Motor vehicles to be insured against third party risks.

   5.   Requirements in respect of insurance policies.

   6.   Requirements in respect of securities.

   7.   Certificate of insurance.

   8.   Certain conditions in policies of insurance of no effect.

   9.   Production of certificate of insurance.

   10.   Duty of insurers to satisfy judgments against persons insured in respect of third party risks.

   11.   Penalty for false statements and wilful avoidance of policy.

   12.   Duty of persons against whom claims are made to give information as to insurance.

   13.   Duty to surrender certificate of insurance on cancellation of policy.

   14.   Procedure on application for motor vehicle licence.

   15.   Rights of third parties against insurers on bankruptcy of the insured.

   16.   Avoidance of restrictions on scope of policies covering third party risks.

   17.   Provision with regard to visitors.

   18.   Power to make rules.

   19.   Penalty for offences.

CHAPTER 169
THE MOTOR VEHICLES INSURANCE ACT

An Act to make provision for insurance against third party risks arising out of the use of motor vehicles.

[1st November, 1946]
[G.N. No. 412 of 1961]

Ords Nos.
18 of 1945
6 of 1948
47 of 1949
33 of 1954
34 of 1957
[R.L. Cap.169]

1.   Short title

   This Act may be cited as the Motor Vehicles Insurance Act.

2.   Operation of the Act

   The President may, by notice in the Gazette suspend or restrict the operation of this Act.

3.   Interpretation Ord. No. 47 of 1949 s. 2">

   In this Act, unless the context otherwise requires–

   "driver", where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the word "drive" shall be construed accordingly;

   "motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads, but does not include a steam traction engine, a steam roller or a vehicle constructed and intended for use exclusively on rails;

   "owner" in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, means the person in possession under that agreement;

   "policy of insurance" includes a cover note;

   "road" means any highway and any other road to which the public has access and includes bridges over which a road passes.

4.   Motor vehicles to be insured against third party risks Ord. Nos. 6 of 1948 s. 2; 33 of 1954 s. 2; 34 of 1957 s. 2">

   (1) Subject to the provisions of this Act it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Act.

   (2) If a person acts in contravention of this section he shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment, and a person convicted of an offence under this section shall (unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification) be disqualified for holding or obtaining a driving licence for a period of twelve months from the date of the conviction.

   (3) The provisions of subsection (1) of this section which relate to the use of a motor vehicle on a road shall not apply–

   (a)   to any person lawfully using a motor vehicle owned by the Government or a public corporation; or

   (b)   to any authorised person while he is lawfully using, in accordance with any provision contained in the Road Traffic Act *, a motor vehicle owned by some other person, for the purpose of inspecting or detaining such vehicle or for any other purpose (whether similar to the foregoing or not) specified in such provision.

   (4) The provisions of subsection (1) of this section which relate to a person causing or permitting some other person to use a motor vehicle on a road shall not apply to the owner of a motor vehicle by reason only of its use by an authorised person, where such authorised person has taken charge of such vehicle under any provision contained in the Road Traffic Act * for the purpose of inspecting or detaining such vehicle or for any other purpose (whether similar to the foregoing or not) specified in such provision.

   (5) For the purpose of this section "authorised person" means any officer or person authorised under any provision contained in the Road Traffic Act * to use a motor vehicle owned by some other person.

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